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Author Hit by Diabetic Driver who took a Hypo at the wheel
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
User status: Online
1st Feb 13 at 17:38   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by stuartmitchell
an "act of god". I believe there is a more acute legal term for it.


If they're denying that I'd be describing it using the legal term 'load of shit'.

If they're not liable for it, why would it need declaring to the insurance in the first place?

I think the difference in that case compared to heart attack or unexplained loss of consciousness is that the hypo was could be viewed as manageable.

Glad they've come through, good news.
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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1st Feb 13 at 23:25   View User's Profile U2U Member Reply With Quote

It's the "rules of automnitism" according to my mate, comes down to whether its foreseeable

[Edited on 01-02-2013 by LeeM]
MarkM
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Registered: 11th Apr 01
Location: Liverpool
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2nd Feb 13 at 01:00   View User's Profile U2U Member Reply With Quote

If no negligence, which in this case clearly there is, it's at the very least a breach of the duty of care.
corsajay88
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Registered: 22nd Aug 11
Location: Upton, Cheshire
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2nd Feb 13 at 07:09   View User's Profile U2U Member Reply With Quote

There was a lad up this way that crashed into someone and killed them because he went hypo. He got 3 years.
SVM 286
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Registered: 13th Feb 05
Location: pain
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3rd Feb 13 at 15:27   View User's Profile U2U Member Reply With Quote

No way is that a sodding act of god. That is an act of not keeping a bloody mars bar in the glove box when you know you need to.
Tiger
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Registered: 12th Jun 01
Location: Leicestershire Drives:Astra VXR
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3rd Feb 13 at 18:05   View User's Profile U2U Member Reply With Quote

There's no such thing as an 'Act Of God' as there is no proof he exists.
alan t
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Registered: 3rd Sep 06
Location: edinburgh
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3rd Feb 13 at 18:27   View User's Profile U2U Member Reply With Quote

hope your mrs is ok mate

i hate the bypass can sometimes take hours to drive to sighthill in the mornings
Gsi_Ire
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Registered: 9th Aug 04
Location: Republic of Ireland
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4th Feb 13 at 08:53   View User's Profile U2U Member Reply With Quote

quote:

I would of thought that the lad was definatly negligent by failing to keep his blood sugar levels up? Thats something that he can control OR The moment he started to feel unwell he should of pulled over.


I am a diabetic for almost 20 yrs now. I treat it like drink driving.... I don't take the risk. I have many "tells" of when my bloods are going too low and will always immediately pull over and drink a sugar drink etc to get them back up.

I personally never buy into this "I didnt know I was low" crap. If you are controlled and know your body then you will know if its happening. If you dont it means you are not in proper control of your blood sugar levels. But as I say this is only my personal opinion

quote:
Originally posted by stuartmitchell
Insurer just phoned. They have accepted Liability

Thank you for all the input lads! One of you kind soles work for his Insurance company by any chance? haha!


Thats great news.
Nismo
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Registered: 12th Sep 02
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4th Feb 13 at 10:19   View User's Profile U2U Member Reply With Quote

I now its all sorted now but imo the person should not be on the road.

If this happened while passing a school and he ploughed into 30 children i expect there would be a different ending however it shouldnt matter wether its 30 kids or 1 person or even property.
stuartmitchell
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Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
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4th Feb 13 at 13:26   View User's Profile U2U Member Reply With Quote

Thanks for all the replies lads! Much appreciated!

Mrs is on the mend but a bit bruised here and there! Will wait and see what the insurance pay out now!

Police were there in abundance when it happened so I dount very much if the lad will keep his licence.

Ben G
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Registered: 12th Jan 07
Location: Essex
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4th Feb 13 at 13:37   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Tiger
There's no such thing as an 'Act Of God' as there is no proof he exists.


There is also no proof he doesn't.
Nath
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Registered: 3rd Apr 02
Location: MK
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4th Feb 13 at 13:42   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ben G
quote:
Originally posted by Tiger
There's no such thing as an 'Act Of God' as there is no proof he exists.


There is also no proof he doesn't.


True, but it's up to people who say he does to prove it.
3CorsaMeal
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Registered: 11th Apr 02
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4th Feb 13 at 13:50   View User's Profile U2U Member Reply With Quote

can you imagine if someone wrote the bible these days, using stories and rumours from the internet
Nismo
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Registered: 12th Sep 02
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4th Feb 13 at 13:52   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Nath
quote:
Originally posted by Ben G
quote:
Originally posted by Tiger
There's no such thing as an 'Act Of God' as there is no proof he exists.


There is also no proof he doesn't.


True, but it's up to people who say he does to prove it.


True, but it's up to people who say he doesn't to prove it.
GB123
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Registered: 21st Nov 11
Location: Kent
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4th Feb 13 at 13:53   View Garage View User's Profile U2U Member Reply With Quote

Surely if God exists then everything is an act of god.
stuartmitchell
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Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
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4th Feb 13 at 13:57   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by alan t
hope your mrs is ok mate

i hate the bypass can sometimes take hours to drive to sighthill in the mornings


Hi mate!

Good to see a fellow Edinburgh lad on here! Aye the by pass is a complete pain in the arse at rush hour and one small accident and the whole of Edinburgh grinds to a halt!
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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4th Feb 13 at 14:34   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by 3CorsaMeal
can you imagine if someone wrote the bible these days, using stories and rumours from the internet


The J Da Silva saga would deffo feature as Act I

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